IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.656 of 2008 ====================================================== 1. Ram Adhin Singh, son of Late Sumeshwar Singh 2. Ram Dhyan Singh, son of Late Sumeshwar Singh Both Resident of Village- Barki Kulharia, P.S.- Mohania, District- Kaimur at Bhabhua ... ... Appellants Versus The State of Bihar ... ... Respondent ====================================================== Appearance : For the Appellants : Mr. Tej Narayan Singh, Advocate For the Respondent : Mr. Sujit Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 26-05-2026 Perused the report dated 30.04.2026 of the Superintendent of Police, Kaimur (Bhabhua) along with the report dated 29.04.2026 of the Assistant Sub-Inspector of Police-cum-S.H.O., Mohania Police Station, Kaimur (Bhabhua), which indicate that both the appellants Ram Adhin Singh and Ram Dhyan Singh are dead and the death certificates of the appellants are annexed with the said reports. 2. In view of the said reports as also section 394 of the Code of Criminal Procedure, 1973, which corresponds to section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, since no near relative has filed any application for leave to Patna High Court CR. APP (DB) No.656 of 2008(3) dt.26-05-2026 2/3 continue the appeal and having regard to the settled position of law as enunciated by the Hon'ble Division Bench of the High Court of Judicature at Allahabad in Santosh Kumar Baranwal v. State of UP, reported in 2010 SCC OnLine All 974, wherein it has been categorically held that upon conviction under Section 302 of the Indian Penal Code, 1860, the imposition of fine is discretionary in nature and does not partake the character of a mandatory requirement, and the legal position affirmed by the Hon'ble Division Bench of the High Court of Judicature at Bombay in Gopala Balu Kamble v. State of Maharashtra, reported in 2011 SCC OnLine Bom 1290 being in consonance therewith, and whereas the appellants have since expired during the pendency of the present appeal and the conviction sought to be assailed pertains to the year 2008, and the State does not intend to pursue the recovery of the fine amount as imposed by the learned Trial Court, this Court, upon due consideration of the aforesaid facts, circumstances and settled legal position, hereby sets aside the order of imposition of fine passed by the learned Trial Court, and since the appeal insofar as it pertains to the sentence of imprisonment stands abated consequent upon the demise of the appellants, the present appeal is disposed of as having abated in its entirety. Patna High Court CR. APP (DB) No.656 of 2008(3) dt.26-05-2026 3/3 3. Let the trial court record be sent back to the concerned court immediately, if not required in any other case. shailendra/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U